What is the age where children can decide which parent they want to live with?
In Nevada, there is no “magic” age where children get to decide which parent they want to live with. The custodial preference of a minor child is just one factor of many under the “best interest of the child” statute NRS Chapter 125C (http://www.leg.state.nv.us/Nrs/NRS-125C.html#NRS125CSec0035). Depending on the age of your child(ren), you may request to allow your child to testify.
What is an uncontested divorce?
An uncontested divorce is the quickest and simplest way to get divorced without going to Court. To qualify for an uncontested divorce, you and your spouse, must agree on every issue: the division of debts and assets, child custody, child support, alimony/spousal support, etc. If there is not complete agreement, then a contested divorce would be appropriate.
What is a contested divorce?
A contested divorce is when one spouse seeks to get divorced and the parties cannot agree, or have not tried to come to an agreement, regarding how to divide the community and handle child custody (if applicable). A contested divorce is a longer process consisting of two “conference hearings” to attempt to reach a resolution, prior to a trial.
How is child support determined under joint physical custody?
When two parents share joint physical custody, child support is determined pursuant to the Wright v. Osburn (http://caselaw.findlaw.com/nv-supreme-court/1091154.html) offset. Depending on how many children there are, the courts will take a percentage (18% for one child, 25% for two children, etc.) of Mother’s Gross Monthly Income (GMI) and subtract it from the same percentage of Father’s Gross Monthly Income.
For example: Mother makes $6,500.00 GMI per month x 18% (for one child) = $1,170.00
Father makes $5,000.00 GMI per month x 18% (for one child) = $900.00
Mother would owe Father $270.00 per month for child support
The difference between legal and physical custody explained.
Legal custody involves having the basic legal responsibility for a child and making major decisions regarding the child including, but not limited to the child’s health, education, and religious upbringing. When parents share joint legal custody (link to NRS 125C.002 (http://www.leg.state.nv.us/Nrs/NRS-125C.html#NRS125CSec002) they must consult each other when making major decisions regarding a child’s upbringing. Joint legal custody requires that the parents be able to cooperate, communicate, and compromise to act in the best interest of the child. Rivero v. Rivero, 125 Nev. 410, 216 P.3d 213 (2009) (link to case: https://steinberglawgroup.com/firm-profile/rivero-versus-rivero-the-benchmark-custody-case/) .
As joint legal custodians, both parties have equal access to all of the children’s school records, daycare records, medical records and any other information that a natural parent is entitled to.
There are two main types of physical custody: Primary and Joint. Generally, primary physical custody is when one parent has physical custody over a minor child for a period of time that exceeds 146 days per year, or greater than 40% of the time. However, due to Bluestein v. Bluestein (http://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1856&context=nvscs) the rigid rule of 146 days, or greater than 40% of the time, what primary physical custody looks like is changing.
On the other hand, there is joint physical custody. According to NRS 125C.0025 (http://www.leg.state.nv.us/Nrs/NRS-125C.html#NRS125CSec0025), joint physical custody is presumed to be in the best interest of the children. Joint physical custody is generally defined as a timeshare that is equal to each parent having the child 50% of the time, or a time share of 60%/40%.
What type of custody you have may impact the amount of child support you are entitled to received, or are required to pay.
My ex hasn't paid their one-half of our children's medical bills, what can I do?
Depending on what is your Decree of Divorce, or Custody, Visitation and Child Support Order states, you may be able to get relief from the Court for reimbursement of your child’s medical expenses. Call today for a free 30-minute consultation to discuss your right to reimbursement of medical expenses.
My ex and I get along, why do we need a court order for custody?
Despite how well two people co-parent and communicate, it is always best to have a court order regarding custody just in case conflict arises. In cases of conflict, a court order provides absolute guidance on whose custodial day/time it is. A court order regarding custody often reduces conflict because each parent has documentation to go to if there are any questions regarding the custody schedule. Additionally, when two parents are getting along and able to communicate, they can often times enter into a custody agreement without ever having to go to court. Call today for a free 30-minute consultation to discuss how to get a custody order.
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